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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105164
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I applied for EAD requesting class C9. My I-485 is pending

Resolved Question:

I applied for EAD requesting class C9. My I-485 is pending with Immigration Court. Last week, 112 day from the date of the receipt for my EAD application, USCIS sent me a request for evidence. They want proof that my original I-485 was filed with immigration court prior to my filing for EAD. Per my lawyer, no it wasn't (although this could definitely and easily be done) and the readings quoted by USCIS do not support the requirement. He believes my EAD should be approved since my I-485 is pending now. I desperately need to get my EAD so I can continue employment. What should I do? Is my lawyer right? Should I submit another application for EAD before I receive decision on my 1st applicaton just in case my 1st application will be rejected?
Submitted: 7 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 7 years ago.
What you have done is feed in your I-485, but you have not filed it. So since it is not filed, it is not considered to be pending. You must file the I-485 with the Immigration Court and provide UCSIC with evidence of the filing. You better hope that USCIS does not reject your EAD because you filed the EAD before the I-485 was actually filed. If they do, you will need to file the EAD again and you may have to pay for it this time. I know it is not the news you want to hear, but think about it logically. All you did was fee in the application. You did not file it. While yes, USCIS wants a copy of the I-485 when you fee it is, that does not mean that you are filing it with them. They are not adjudicating it, the Immigration Judge is, so it must be filed with the Immigration Court.
Customer: replied 7 years ago.
The Immigration Judge does have my original I-485 now. We sent a package with all requested docs, including I-485 in the beginning of March. I filed for my EAD in December. I did pay $340 then. I had my receipt for filing (feeding) my I-485 with USCIS which I attached. I had no idea that my I-485 needed to be filed with IJ prior to my filing for EAD. I wonder how come my lawyer wouldn't have known and advised me. (Is it likely that he indeed did not know?) I am eager to receive my EAD asap. My employment and medical insurance for the whole family depends on this. Can I send another application for EAD to USCIS with proof that my I-485 was filed with IJ before they make a decision on my first application? What are my chances to get approved for my current application if I-485 has been filed with IJ, but not prior to my applying for EAD?
Thank you very much!
Expert:  Guillermo J. Senmartin, Esq. replied 7 years ago.

Lawyers are like mechanics. Not all are good and not all are trustworthy. The proof that you filed with the immigration judge is the copy that the judge gave back to you with a time and date stamp on it (or that the clerk gave back if you filed at the window).


You can try to send another application, but it may be denied for lack of a fee. If your problem is time more than money, send in the application with the evidence and the fee because you do not want it denied because they say they already denied the first one which was included in the $1010 price and now you have to refile and pay again. So to not waste time, just pay again anyway.

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